Throughout the argument, Chief Justice Roberts seemed concerned about the unique facts of this case. Was it more discriminatory to not improve housing in low-income neighborhoods, or to not promote housing integration? And what did this mean for private developers going forward?
In this exchange, Solicitor General Verrilli and Justice Sotomayor take a step back to survey the Fair Housing Act broadly. Private developers won’t be liable for developing land in affluent neighborhoods and no one will be liable without a specific, discriminatory policy.